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LEWIS v. FRESNE

No. 99-20389.

252 F.3d 352 (2001)

Michael P. LEWIS, Plaintiff-Appellant, v. David M. FRESNE; et al., Defendants, Lowell Farkas; Robert A. Young; Rosenfeld, Bernstein & Tannenhauser LLP; Eric P. Rosenfeld, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 14, 2001.

Attorney(s) appearing for the Case

Robert Keith Whitt (argued), Midland, TX, Mark P. Gainey (argued), San Antonio, TX, for Lewis.

Patricia S. Hair (argued), Womble & Cotellesse, JoAnn Storey, Storey, Moore & McCally, Houston, TX, Tracy J. Willi, Bankston & Richardson, Austin, TX, for Farkas and Rosenfeld.

Mark I. Fishman (argued), Pepe & Hazard, Southport, CT, for Young.

Before GARWOOD, CYNTHIA HOLCOMB HALL and BARKSDALE, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

This case requires us to determine whether the Securities Act of 1933 ("the 1933 Act") applies to a 90-day "bridge" loan and whether a single phone call and the mailing of allegedly fraudulent information can be sufficient to establish personal jurisdiction over non-resident defendants. Plaintiff alleges violations of the 1933 Act and Texas state law. The district court granted defendants' motion to dismiss, holding that the plaintiff...

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